Canada strikes down anti-prostitution laws

Canada moves to safeguard health and lives of prostitutes, according to Chief
Justice, as court strikes down anti-prostitution laws

Dominatrix Bedford, one of three current and former sex workers who initiated a challenge to Canada's prostitution laws, reacts at the Supreme Court of Canada in OttawaPhoto: REUTERS

By Eleanor Steafel

5:35PM GMT 20 Dec 2013

The Supreme Court of Canada has struck down the country’s anti-prostitution laws in a bid to make prostitution safer for vulnerable women.

The Court said that bans on street soliciting, brothels and people living off the avails of prostitution create severe dangers for sex workers and violate basic constitutional rights to life, liberty and security.

The court stressed that the ruling is not related to the legality of prostitution, which is already legal in Canada, but rather made steps to ensure the safety of sex workers.

Chief Justice Beverley McLachlin said the Canadian parliament aimed to protect vulnerable women, rather than endanger them with legislation that would prohibit their work.

“Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitute," she said.

“The prohibitions all heighten the risks. They do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky – but legal – activity from taking steps to protect themselves from the risks.”

The court has suspended its ruling for one year to give Parliament time to amend legislation.

Justice Minister Peter Mackay said in a statement that the government will continue to assess the merits of prohibiting prostitution in some way. He said the government is “exploring all possible options to ensure the criminal law continues to address the significant harms that flow from prostitution to communities, those engaged in prostitution, and vulnerable persons.”

But others remain concerned about the threat to the safety of sex workers. Elaine Craig, a professor at Dalhousie University, said the government must stay focused on this issue.

She said any new laws would have to “take seriously the safety concerns of people who are engaged in sex work.”